AMAN KHAN vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
BA2/149/2026
Aman Khan
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon’ble Alok Mahra, J.
Ms. Surraiya Naaz, learned
counsel for the applicant.
2. Ms. Meenakshi Sharma and Mr.
Himanshu Sain, learned Brief Holder
for the State.
3. Applicant- Aman Khan, who is in
judicial custody in connection with
FIR/Case Crime No. 358 of 2026 under
Sections 64, 351(2) and 352 of B.N.S.
registered at Police Station Patel Nagar,
District Dehradun has sought his
release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
st
5. This is second bail application. 1
Bail Application was dismissed as
withdrawn.
6. Initially, an F.I.R. was lodged by
the victim alleging that the applicant,
who was known to her for about one
year and resided in her neighbourhood,
had established forcible physical
relations with her by extending threats
of dire consequences.
7. Learned counsel for the applicant
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would submit that the applicant is
innocent and has been falsely
implicated in the present matter; that,
the F.I.R. has been lodged after an
unexplained delay, as the alleged
incident took place in April, 2026,
whereas the F.I.R. was registered on
08.06.2026; that, the applicant and the
complainant are residents of the same
locality and have known each other for
about one year; and that minor
disputes used to take place from time
to time between the applicant and the
husband of the complainant, owing to
which the present F.I.R. has been
lodged with an ulterior motive.
8. She would further submit that the
victim is a 28-year-old married woman
having two children, whereas the
applicant is a young man aged about
25 years; that, in her statements
recorded under Sections 180 and 183
of the B.N.S.S., the victim has given
contradictory versions regarding the
period of her acquaintance with the
applicant, as at one place she stated
that she had known him for more than
one year, whereas at another place she
stated that she had known him for only
about two months.
9. She has also drawn the attention
of the Court to the statement of the
complainant's husband recorded under
Section 180 of the B.N.S.S., wherein he
stated that the brother of the
complainant had seen the complainant
with the applicant while he (the
husband) was away at work. She would
further submit that the applicant is
languishing in jail since 11.06.2026;
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that he is a permanent resident of
District Dehradun and there is no
likelihood of his absconding or
tampering with the prosecution
evidence; and that the trial is not likely
to conclude in the near future.
Accordingly, she prays that the
applicant be enlarged on bail.
10. Per contra, learned State counsel
would vehemently oppose the prayer for
bail. However, he does not dispute the
fact that there are certain
contradictions in the statements of the
complainant.
11. Having considered the nature and
gravity of the allegations, the
submissions advanced by learned
counsel for the parties, the
contradictions appearing in the
statements of the complainant, the
period of incarceration undergone by
the applicant, the applicant has made
out a case for grant of bail.
12. Accordingly, without expressing
any opinion on the merits of the case,
the bail application is allowed. The
applicant shall be released on bail upon
executing a personal bond and
furnishing two reliable sureties of the
like amount to the satisfaction of the
court concerned.
(Alok Mahra, J.)
31.10.2026
Mamta
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT
OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f
3e584af1449e430ef900bf09a6d6
7ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9ca
bfd54852c9e68911ca8b66dd266
90a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.11.03 11:26:59 +05'30'
MAMT
A RANI
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